memorandum to the special select committee on penal code

for forcing ano<strong>the</strong>r person in <strong>the</strong> same household <strong>to</strong> have sex with a person is a jail
sentence ranging from 4 years <strong>to</strong> 15 years; or a fine ranging from Rp12 million <strong>to</strong> Rp300
million. Although it does not mention marital rape, ei<strong>the</strong>r <strong>to</strong> include or exclude it, a judge
could interpret it <strong>to</strong> include rape within a marriage. The victim alone can initiate
proceedings without any o<strong>the</strong>r witnesses. Prior <strong>to</strong> <strong>the</strong> enactment of <strong>the</strong> bill, 5,934
complaints of violence against women – not marital rape or even stranger or acquaintance
rape – were reported <strong>to</strong> <strong>the</strong> police in 2003. 27 The bill was enacted by <strong>the</strong> Indonesian
Parliament on 15 September 2004 and is scheduled <strong>to</strong> be signed by <strong>the</strong> president later in
2004. 28
Japan
Japanese law makes no distinction between spousal rape and any o<strong>the</strong>r form of rape. 29
Article 177 of its Penal Code defines <strong>the</strong> act of rape as:
Mauritania
'A person who, through violence or intimidation, has sexual intercourse with a
female person of not less than thirteen (13) years of age commits <strong>the</strong> crime of
rape and shall be punished with imprisonment at forced labour for a limited
term of not less than two years. The same shall apply <strong>to</strong> a person who has
sexual intercourse with a female person under thirteen (13) years of age.' 30
Spousal rape is illegal under Mauritania’s rape laws. 31
New Zealand
In New Zealand, <strong>the</strong> marital rape exemption was abolished in 1985 when <strong>the</strong> present
Section 128 <strong>to</strong> <strong>the</strong> Crimes Act, 1961 was enacted. Sub-section (4) now provides that a
person can be convicted of sexual violence in respect of sexual connection with ano<strong>the</strong>r
person notwithstanding that <strong>the</strong>y are married at <strong>the</strong> time <strong>the</strong> sexual connection occurred. 31a
Fur<strong>the</strong>r, <strong>the</strong> fact that <strong>the</strong> parties are married or have been in a continuing relationship will
not warrant a reduction in sentence R. v. D. (1987) 2 NZLR 272 (CA). There is now,
<strong>the</strong>refore, no distinction in principle <strong>to</strong> be drawn between sexual violation in marriage and
27 “Domestic Violence Now a Crime”, Laksamana.Net, 15 September 2004,
http://www.laksamana.net/vnews.cfmncat=45&news_id=7498.
28 Fauwaz Abdul Aziz, “Scholar: Follow Indonesia, criminalise marital rape”, Malaysiakini.com, 9 Oc<strong>to</strong>ber
2004, http://www.malaysiakini.com/news/30655
29 AFP, “A small step on marital rape, but Asia remains divided”, Khaleej Times, 27 August 2004,
http://www.khaleejtimes.com/DisplayArticle.aspxfile=data/<strong>the</strong>world/2004/August/<strong>the</strong>world_August726.xm
l&section=<strong>the</strong>world&col=
30 Interpol, “Legislation of Interpol member states on sexual offences against children – Japan”,
http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaJapan.asp
31 Radhika Coomaraswamy, Special Rapporteur on Violence Against Women, “Integration of <strong>the</strong> Human
Rights of Women and <strong>the</strong> Gender Perspective on Violence Against Women, Addendum 1: International,
regional and national developments in <strong>the</strong> area of violence against women, 1994-2003”,27 Feb 2003,
para.387,http://www.hri.ca/for<strong>the</strong>record2003/documentation/commission/3-cn4-2003-75-add1.htm.
31a Crimes Act, 1961, Section 128, http://www.rapecrisis.org.nz/court/index.asp
34